A charge of first-degree murder requires premeditation. Florida’s law charging first degree murder for causing a death by overdose does not. It relies on assumptions and entirely negates the user’s responsibility. The law was intended as a deterrent. But in Florida, overdose deaths have increased sixfold in 25 years. The law beings neither deterrence nor justice in a crisis that will not be solved by sending people to prison for life.
Eighth Amendment
Florida Supreme Court Lets Stand Lower Court Ruling on Granting Early Release to Some Sex Offenders
After hearing arguments last year, the Florida Supreme Court on Thursday said it would not rule in a dispute about whether a man convicted of attempted sexual battery on a child is eligible to be considered for early release from prison.
Florida Kills Loran Cole, Inmate with Parkinson’s, Over FSU Student’s Murder
More than 30 years after he murdered a Florida State University student who was on a camping trip in the Ocala National Forest, Loran Cole was executed by lethal injection Thursday evening at Florida State Prison. Cole, 57, was pronounced dead at 6:15 p.m. and became the first inmate executed in Florida this year. He could be seen breathing heavily and briefly trembling after the lethal-injection process started at 6 p.m. but did not move after 6:06 p.m.
DeSantis Signs Ninth Death Warrant: Loran Cole, 57, for 1994 Murder of Florida State Student John Edwards
Gov. Ron DeSantis on Monday signed a death warrant for an inmate convicted in the 1994 murder of a Florida State University student who went to the Ocala National Forest to camp with his sister. Loran Cole, 57, is scheduled to be executed Aug. 29 at Florida State Prison.
The Solution to Homelessness Is Not Criminalization. It’s Housing.
With half of all renter households now spending more than 30 percent of their income on housing, millions are one emergency away from homelessness. Punishing people for our country’s failure to ensure adequate housing for all is inherently “cruel and unusual.” Widespread homelessness directly violates the human right to housing under international law, which must be recognized in the United States.
For the Homeless, ‘Stay Awake or Be Arrested’
In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court rejected the claim that criminalizing sleeping in public by those with nowhere to go violates the Constitution’s prohibition on cruel and unusual punishment. The decision, disappointing but not surprising, will not lead to any reduction in homelessness, and will certainly result in more litigation.
When Is Punishment Enough for a Predator? A Child Rapist Makes His Case to End Probation, and Loses.
Lawrence William Morton, formerly of Flagler Beach, served 20 years in prison and five on probation for sex crimes against six minors. He appeared before a judge Monday, seeking to end his probation five years early, as the law allows, arguing that he’s been a model probationer. The judge denied the motion in a case broadly illustrative of recurring requests by sex offenders and predators, and dilemmas faced by the court and prosecutors.
Defense Files Motion to Dismiss Manslaughter Charge Against Migrant in Arrest Followed by Deputy’s Heart Attack
Two weeks after all but accusing the St. Johns County Sheriff’s Office of fabricating parts of the account surrounding the arrest of 18-year-old Virgilio Aguilar Mendez, the migrant’s defense attorney has filed a motion to dismiss the manslaughter count against him, calling it “legally insufficient” and arguing that there’s no connection between Mendez and what led to the death of Sheriff’s deputy Michael Kunovich of a heart attack after the arrest.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
Palm Coast’s Jessy Gilbreath, 28, Arrested for Raping Autistic Child, 12, in His Charge
Jessy Kalany Gilbreath, a 28-year-old resident of 45 Eton Lane, Side B, in Palm Coast, faces a capital felony charge of child rape. Though it’s the first such charge for a Flagler County suspect since the Legislature in its last term revived a law making an individual convicted of raping a child younger than 12 eligible for the death penalty, that does not apply in this case because the capital offense did not take place after Oct. 1, as did other alleged offenses.
Florida Prisoners Broil in 115-Degree Heat in Buildings Without AC, and No Plans for Structural Relief
Many prisons are decades old. Installing air conditioning would be expensive and take years. Some facilities can’t be retrofitted for AC. Temperatures inside buildings without air conditioning can soar 15 degrees higher than the temperature outside. That means temperatures over 100 degrees last month put the thermometer above 115 inside prisons in some regions.
Supreme Court Upholds Death Sentence for Christian Cruz in Volusia Murder
The court, in a 5-1 opinion, rejected arguments by Death Row inmate Christian Cruz that stemmed from his co-defendant, Justen Charles, receiving a life sentence in the murder of Christopher Jemery.
Lawyers Ask U.S. Supreme Court to Halt Duane Owen’s Killing, Arguing Mental Incompetence
Attorneys for convicted murderer Duane Owen on Monday asked the U.S. Supreme Court to block his execution, after Florida courts rejected arguments that he was not mentally competent to be put to death.
Recorded Executions in 2022 Skyrocketed to Highest Total in 5 Years
Recorded executions in 2022 reached the highest figure in five years, as the Middle East and North Africa’s most notorious executioners carried out killing sprees, Amnesty International said as it released its annual review of the death penalty.
DeSantis Lifts Hold on Killing of Duane Owen as Attorneys Battle Over Competence
Gov. Ron DeSantis has lifted a temporary hold on the planned June 15 execution of convicted murderer Duane Owen, as attorneys for Owen and the state continue to battle at the Florida Supreme Court about whether he is mentally competent to be put to death.
It Is Unconstitutional, But Florida Lawmakers Approve Death Penalty in Child Rape Cases
Lawmakers hope the bill (HB 1297) will ultimately lead to the U.S. Supreme Court reversing a 2008 decision that barred the death penalty for people who rape children. The state House passed the bill last week.
Louis Gaskin Killed 33 Years After Double-Murder as Mark Carman, Who’d Arrested Him, Witnesses
Louis Gaskin, who murdered Robert and Georgette Sturmfels in Palm Coast’s R Section in 1989, was killed by lethal injection Wednesday evening. Mark Carman, who arrested Gaskin 33 years ago, was among the witnesses to the execution, and spoke of the experience, as did others who turned up in opposition to the death penalty.
U.S. Supreme Court Refuses to Block Execution of Flagler’s Louis Gaskin, Set for Wednesday
The U.S. Supreme Court on Tuesday refused to block the execution of Death Row inmate Louis Gaskin, who is slated to face lethal injection Wednesday in the 1989 murders of a Flagler County couple.
Appeal to Supreme Court for Stay of Gaskin Execution Cites FlaglerLive Article on Juror’s Reversal
Among other arguments, Gaskin’s lawyers cite a March 15 FlaglerLive article in which Janet Valentine, one of the 12 jurors at Gaskin’s 1990 trial, saying she regrets being part of the 8-4 votes recommending his death. Valentine would go on to be Flagler County’s school superintendent between 2010 and 2014.
Senate Will Vote on Eliminating Need for Unanimous Juries in Death Recommendations
The Senate Rules Committee voted 15-4 to approve a bill (SB 450) that would allow death sentences to be imposed based on the recommendations of eight of 12 jurors — a standard that bill sponsor Blaise Ingoglia, R-Spring Hill, described as being “the most aggressive of all 50 states.”
Judge Perkins Denies Further Hearings and Claim of ‘Manifest Injustice’ in Gaskin Death Penalty Case
Circuit Judge Terence Perkins this morning in Bunnell denied the defense’s motion for an evidentiary hearing on Tuesday, ending Gaskin’s last possible effort to prevent his killing. The state Supreme Court and a last-minute commutation by the governor are the only remaining possibilities, but they are beyond the remote.
A Series of Frantic Hearings at Bunnell Courthouse Are Preceding State’s Killing of Louis Gaskin
Nearly half a dozen hearings are taking place at the Flagler County courthouse between this week and next in the case of Louis Gaskin, who is scheduled to be executed by the state on April 12. The hearings are last-minutes attempt either to delay or to annul the execution, but the likelihood of success is beyond the realm of hail Marys.
Janet Valentine, a Juror and Future Superintendent, Regrets Voting for Gaskin’s Death. Prosecutor Does Not.
Janet Valentine, who would become Flagler school superintendent 20 years later, was one of the jurors who recommended the death of Louis Gaskin in 1990, a vote she now regrets. Gaskin is to be put to death in April. John Tanner, the State Attorney at the time, has no regrets for seeking the death penalty.
Lawmakers Move Closer to Scrapping Unanimous Jury Requirement for Death Penalty Recommendations
The House Justice Appropriations Subcommittee voted 8-6 today to approve a bill (HB 555) that would eliminate a requirement for unanimous jury recommendations before death sentences can be imposed. Under the bill, judges would sentence people to death based on recommendations of eight of 12 jurors.
Florida Justices Refuse to Block Killing of Donald Dillbeck, Convicted of Carjacking Murder
Justices refused to issue a stay of Dillbeck’s execution, whose death warrant was signed last month by Gov. Ron DeSantis. The killing, scheduled for Feb. 23, would be the first time a prisoner has been put to death in Florida since 2019. Dillbeck’s attorney say he is mentally disabled.
Florida Democrats Seek Prison Release for Non-Violent Offenders After 65% of Time Served Instead of 85%
Calling the state’s criminal justice system “outdated,” Tampa Democratic state Rep. Dianne Hart filed a proposal this week (HB 115) that would allow non-violent offenders to reduce their mandatory time served from 85 percent to 65 percent through their successful completion of academic and other learning courses while incarcerated.
He Served 18 Months for a Sex Offense. He’s Re-Imprisoned Anyway, Possibly for Life.
William Walsh, a 57-year-old former homeless man and sex offender from Bunnell, was committed potentially for life to a prison-like state facility after a trial in Flagler Tuesday, even though he did not commit a new offense and none of his previous offenses ranked him as a predator.
Florida Prisons Propose Cutting Family Visitations, Drawing Sharp Objections
Florida’s state-run prisons would be allowed to cut visitation with inmates in half to mirror staffing shortages. Advocates for inmates and their families object, saying visitation is a boon to inmate behavior and helps maintain family ties critical for the success of inmates returning to free society.
Cornelius Baker’s Death Sentence Commuted to Life In Prison 15 Years After Murder of Elizabeth Uptagrafft in Bunnell Woods
It took Circuit Judge Raul Zambrano three minutes to put an end to the 15-year murder and death penalty case of Cornelius Baker, who, with Patricia Roosa, on Jan. 7, 2007, murdered Elizabeth Uptagrafft after beating her and her family and kidnapping her from her home in Daytona Beach.
Senate Moves to Cloak in Secrecy Businesses and Drugs Connected with Florida’s Executions
The Florida Senate on Monday passed a measure that would more broadly cloak information about people and businesses involved with state executions and the drugs used for lethal injection, positioning the proposal for action by Gov. Ron DeSantis.
Former Florida Chief Justice Kogan: Why Florida Should Abolish the Death Penalty
In a compelling new interview conducted by attorney and filmmaker Ted Corless, the late Florida Supreme Court Chief Justice Gerald Kogan lists the numerous reasons why he believed Florida’s death penalty should be abolished.
Federal Investigation Finds Staff Brutality and Sexual Abuse of Inmates at Florida Prison. State Demurs.
The federal investigation found “varied and disturbing reports” of sexual abuse, including rape, of female inmates by staff members at the state’s largest women’s correctional facility. State officials had documented and been aware of sexual abuse by sergeants, correctional officers and other staff at Lowell Correctional Institution in Ocala since at least 2006.
Supreme Court Rejects Death Row’s James Dailey’s Appeal in Murder of 14-Year-Old Girl
A three-judge panel of the 11th U.S. Circuit Court of Appeals disputed inmate James Dailey’s contention that newly discovered evidence would clear him in the murder of Shelly Boggio.
Florida Supreme Court Will No Longer Review Death Sentences, Ending 50-Year Fail-Safe Step
The majority ruling was one of a series of opinions this year in which the Supreme Court, newly packed with right-wing judges, has reversed course on death-penalty and criminal legal precedents, opening the way to swifter and death sentences with fewer obstacles.
In Stunning Reversal, Florida Supreme Court Rules Juvenile Prison Sentences May Exceed 20 Years
The 4-1 decision stunned public defenders, who expressed concern not only about its implications for juvenile sentencing but also about a reshaped court emboldened to revisit issues the legal community had considered settled.
Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize
The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.
Attorneys Urge Florida Supreme Court to Rethink Decision Making Unanimous Verdicts Unnecessary
Pointing to “evolving standards of decency,” attorneys for a Death Row inmate have asked the Florida Supreme Court to reconsider a major ruling that said unanimous jury recommendations are not necessary before death sentences can be imposed.
This Time Death Row Inmate Cornelius Baker Shows Up, Only To Learn His Chance for Re-Sentencing May Vanish
Death row inmate Cornelius Baker’s fate is undetermined as the judge, the defense and the prosecution are all awaiting direction from other courts as to whether to re-try Baker in a sentencing phase or stick to his original death sentence.
Prosecution Asks for Temporary Halt in Cornelius Baker Death Penalty Re-Sentencing
The prosecution is arguing that a Supreme Court decision last week may make the re-sentencing of convicted murderer Cornelius Baker, scheduled to start in four weeks in Bunnell, if unnecessary.
Supreme Court Reverses Unanimous-Jury Requirement in Death Penalty, Raising Questions About a Flagler Case
The Florida Supreme Court said unanimous jury recommendations are not necessary before death sentences can be imposed, backing away from a 2016 decision. The ruling puts in question the case of Bunnell’s Cornelius Baker, scheduled for a re-sentencing in February.
Wrongfully Convicted, He Was on Florida’s Death Row for 42 Years. He’s Seeking $2.5 Million the State Owes Him.
Clifford Williams, now 77, gives God the credit for his release from prison, after state prosecutors found he and his nephew, Hubert Nathan Myers, were wrongly convicted in the 1976 Jacksonville murder of a woman and the attempted murder of her girlfriend.
For Seven Days, Flagler Sees Florida’s Broken Death Penalty Machinery in Action
Though David Snelgrove was finally sentenced to life in prison rather than death this week, his trial shows how the 20-year ordeal in court could have been avoided with the same result two decades ago, had capital punishment not been on the table.
Death Row’s Cornelius Baker a No-Show at His Own Pre-Trial Ahead of Potential Reprieve
Lawyers and the judge in the re-sentencing case of convicted murderer Cornelius Baker focused on a lengthy questionnaire about the death penalty the defense planned to submit to potential jurors. The judge ordered the questionnaire significantly shortened.
Life in Prison Without Parole, Not Death, For David Snelgrove as 20-Year Ordeal Over Fowler Murders Ends
The seven-day re-trial over the penalty for the 2000 murders in Palm Coast’s B-Section was necessary because two previous verdicts were ruled unconstitutional. Today’s verdict means that years, maybe decades, of further proceedings will not be necessary.
After Dueling Witnesses and Sniping Lawyers, Jury Must Now Decide Whether to Call for David Snelgrove’s Killing
David Snelgrove’s double-murder of Glyn and Vivian Fowler in Palm Coast 20 years ago comes down, in this third sentencing trial in two decades, to a jury willing to believe he was a calculated killer as opposed to a crack-addicted mentally impaired man who snapped.
Grim Day for Snelgrove’s Defense as Prosecution Makes Largely Unanswered Case for Death
A jury tasked with deciding whether to recommend death for David Snelgrove saw a psychologist for the defense unable to convincingly show that Snelgrove is a simple-minded individual who could not weigh the severity of the double-murder of an elderly couple he committed in Palm Coast 20 years ago.
Video and Pictures Revive Vivid Reactions to Double-Murder in Snelgrove’s Death-Penalty Trial
To reservations from the defense, the jury watched video and saw pictures of the crime scene following the murders of Glyn and Vivian Fowler in Palm Coast 20 years ago, part of a penalty phase–the third in 18 years–requiring the jury to decide whether to recommend death for Snelgrove or life in prison.
For Jury in Double-Murderer Case, Snelgrove’s Mental Disability Is a Gray Matter of Life and Death
David Snelgrove’s double-murder of an elderly couple in palm Coast 20 years ago is not in dispute, but whether he should be put to death for it is. A jury will have to contend with the brutality of the murders as opposed to the mitigating factor of his mental disability.
Solitary Confinement in Florida’s Prisons and Juvenile Detention Challenged in Court
In separate but parallel lawsuits, civil-rights and legal groups are challenging Florida’s use of solitary confinement in prisons and juvenile detention centers —- but are facing pushback from state agencies.
Death Penalty: Now It’s Florida’s Conservative Supreme Court’s Turn To Be Accused of ‘Judicial Activism’
Reversing the state’s retroactive consideration of certain death-penalty cases would amount to “the most egregious judicial activism in the history of Florida,” a lawyer for a Death Row inmate argued in a brief filed this week.